Whitney Polson, a criminal defense attorney and defender of DUI from Birmingham, AL, was appointed a magistrate at the Municipal Court in the northern suburb of Fultondale in November 2020. The city of Fultondale is located in northern Jefferson County, Alabama and is home to more than 8,000 residents.
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First of all, you should know that even if you don’t get arrested, you still have your Miranda rights. These rights will not always be read to you without a formal charge or during an investigation, but that doesn’t mean they don’t apply. This is particularly important because if you are later arrested, anything you said during the arrest could be used against you. The “right to remain silent does not mean that it is in your best interest not to say anything at all.” Rather, it means that it’s best not to say anything other than “I have the right to remain silent” or “I will not answer any questions without my attorney present.”
The time varies depending on the situation. A few things can affect the process, e.g. B. whether you have presented your ID or not. Although you are not legally required to identify yourself while in detention, this means it will take time for them to identify you. The maximum time you can be in police custody without charge is 48 hours, not including weekends and public holidays; technically it can take up to 72 hours.
In prison | Charges or Clearance | A Criminal Attorney | The 72-hour rule from a lawyer’s perspective.
Once a person is arrested and taken to jail, and the probable cause of the arrest has been reviewed by an independent judge within 48 hours, the local prosecutor’s office must decide whether to press charges.
Unless a prosecutor decides to press charges, you or a loved one will be held in jail solely because the police officer and judge have found a probable cause for your arrest. In order to detain you for more than 72 hours (excluding weekends or public holidays), the public prosecutor must file a criminal complaint. You have up to 72 hours to charge people detained by police | judges, or a person must be released. If 48 hours have elapsed, this means that the prosecution only has another 24 hours to do so (note, however, that the 72-hour period does not include any part of Saturdays, Sundays or public holidays). When They Don’t File What Criminal Attorneys Do | The lawyers in the business call for “quick” fees, they are released; Note, however, that a prosecutor may still file criminal charges and (1) mail them to you, or (2) request a court to issue a restraining order. You’ll find that when the prison releases you, they make sure they have an up-to-date address. This is important because if you lose your charges, a warrant will be issued for your arrest.
My loved one has already gone before a judge. Does that mean the state has filed charges?
Not necessarily. Florida law requires arrested persons to appear before a judge within 24 hours of their arrest. At this appearance, the judge determines whether there was a probable cause for arresting the person concerned. This appearance determines whether the public prosecutor’s office has the legal authority to hold an arrested person in custody.
The prosecutor examines the police report and, depending on the circumstances of the case, may question the victim or witnesses. The district attorney’s office may also review your loved one’s criminal record or driving record, if they have one. When the prosecutor can establish beyond a reasonable doubt that your loved one committed a crime, the state prepares an indictment document, called “information,” which is filed with the court.